wildlife and natural enviroment (scotland) act 2011
- Thread starter Caberhill
- Start date
The problem David is that the Wildlife and Natural Environment (Scotland) Act of itself does not make a great deal of sense - it makes copious reference to many sections within the Deer (Scotland) Act 1996, and this is all very difficult to follow through unless you print it all out to allow all of the cross references to be followed through.
I am sure many folks both here and generally would be most grateful if some sort of resource and interpretation could be produced to make sense of it all and hopefully prevent misinterpretation in the future. I am not too sure if this is down to yourself or Colin Sheddon's team to follow this through - but either way some action would appear to be indicated.
The problem is that this is all becoming rather urgent - this legislation comes into force in less than a month - and even a very disjointed interpretation (as has rumbled on here over the past few months
) allows that it makes a major change to the way many people will stalk deer.
I am sure many folks both here and generally would be most grateful if some sort of resource and interpretation could be produced to make sense of it all and hopefully prevent misinterpretation in the future. I am not too sure if this is down to yourself or Colin Sheddon's team to follow this through - but either way some action would appear to be indicated.
The problem is that this is all becoming rather urgent - this legislation comes into force in less than a month - and even a very disjointed interpretation (as has rumbled on here over the past few months
) allows that it makes a major change to the way many people will stalk deer.
Paul at Fechan
Well-Known Member
so what's the point of all this and what's going to change? spell it out in simple English for those that need to know.
Try this for now.....Changes to theprovisions to shoot deer in the close season and at night as a result of theWANE Act
The WANE Act has made a number of changes to the Deer (Scotland) Act1996.
Changes to section 5 of the Deer Act, which cover the Closeseasons, mean that from the 1[SUP]st[/SUP] April 2012 any deer culled out ofseason will be culled under authorisation from SNH. The exemption for therights of owners and occupiers to cull deer out of season to prevent damage within improved agricultural groundand enclosed woodland has been removed.
The right for the occupier to cull deer to prevent damage in season on enclosed woodland andimproved agricultural land remains.
SNH can now issue authorisations which can be general orspecific in their nature. Our intention is to issue a general licence to ownersand occupiers to cull deer for the purpose of preventing damage to improvedagricultural land and enclosed woodland. This general licence will cover theperiod from 1[SUP]st[/SUP] April 2012 to 31[SUP]st[/SUP] March 2013. Thegeneral licence will not however allow the culling of female deer of anyspecies between the period of the 1[SUP]st[/SUP] April to the 31[SUP]st[/SUP]August.
The owner, owner’s employees, the occupier’s employees orany other person normally resident on the land can carry out control under anygeneral licence or specific authorisation on enclosed woodland and improvedagricultural land without the need to be on the SNH fit and competent register.
The culling of female deer during the period of 1[SUP]st[/SUP]April to 31[SUP]st[/SUP] August will require a specific authorisation for theproperty to be issued by SNH. Individualssuffering damage to their interests should apply to SNH for an authorisationusing an application form which will be available on the SNH website. SNH willassess applications and may carry out site visits to assess applications andensure where authorisation is required to be issued that appropriate mitigationof welfare issues is adopted.
As with all authorisations only individuals suffering damageto their interests on a property will have the right to operate themselves orcontract others to undertake control on their behalf.
The general licence will be produced on the SNH website withpaper copies of the licence available from SNH on request. To operate under ageneral licence owners and occupiers must have read, understood and carry outany control in accordance with the conditions included on the licence.
Returns of deer culled under the general licence will besought from agricultural census forms and annual cull returns.
Operation of the general licence provisions are likely to besubject to regular review and it is likely SNH will review the conditions andinformation required to be provided to operate under the licence on an annualbasis.
Night shootingfor public safety is now available to be authorised by SNH. This relates to theculling of deer to reduce or prevent impacts by deer on public safety. This isnot a measure to allow shooting of deer at night where it is deemed unsafe todo so during daylight hours.
widows son
Well-Known Member
If theres nothing on this site there seems to be a lot of people that cannot read what Ive put down which spells it out Paul in PLAIN English the point Paul there are far to many people shooting out of season under a interpretation which is some cases does not exist ,but putting it back to authorisation to shoot deer out of season spells it out well enough.
The problem David is that the Wildlife and Natural Environment (Scotland) Act of itself does not make a great deal of sense - it makes copious reference to many sections within the Deer (Scotland) Act 1996, and this is all very difficult to follow through unless you print it all out to allow all of the cross references to be followed through.
I am sure many folks both here and generally would be most grateful if some sort of resource and interpretation could be produced to make sense of it all and hopefully prevent misinterpretation in the future. I am not too sure if this is down to yourself or Colin Sheddon's team to follow this through - but either way some action would appear to be indicated.
The problem is that this is all becoming rather urgent - this legislation comes into force in less than a month - and even a very disjointed interpretation (as has rumbled on here over the past few months
Kuwinda it make plenty of sense it is quite plain if you haven applied of a authorisation to shoot out of season don't do it, "your breaking the law", there is nothing about this at all that has been a disjointed interpretation or has it rumbled over the last few months , i put this up following a meeting with over two hundred people at including BASC Scotland's Representative (who left early) if you read it in full you will see exactly what is in and what is out simple .
Paul at Fechan
Well-Known Member
tut, so us that need to shoot the deer just sort out our out of season and night shooting tickets while naturally be on the fit and competent register and if it's brown it's still down...
right.... why didn't someone just say that at the start
right.... why didn't someone just say that at the start
widows son
Well-Known Member
wow how did you work it out for yourself you are one learned guy thought about Westminster for a career, now what was hard about that
.
Paul at Fechan
Well-Known Member
imagine my comments as a way of bringing piece to the complications of jumbled words that sarcasm and condescending tones never improve or deliver a benificial moment of clarity to the masses.
In other words..... speak plain don't talk pish
In other words..... speak plain don't talk pish
You seem to be tripping over your own sarcasm - if you look at the above posts it will be seen that in fact in (practically) the majority of cases out of season shooting will be covered by a general licence and no specific SNH authorisation will be required to be applied for, nor will the shooter require to be "fit and competant".
My point was that some posts on a forum (even one as august as this) hardly constitutes a point of authority for interpretation of the LAW. The law is the law - not your interpretation of the musings of a meeting. I reiterate that by and of itself the WANE Act is difficult to follow - it's certainly not alone in this respect. It makes reference back to many sections of the 1996 Deer Act - and indeed that Act from memory makes reference back to the 1963 Act. One of my lecturers at college used to tell us (frequently) that "a little knowledge is a dangerous thing" - i.e. you need to know the whole truth, not just the obvious and convenient parts of it.
My view is that someone should make a point by point interpretation of the Act and this should be available for all - and not buried within a torrent of forum posts. Whether this is here or on BASC's site is moot - it's rather disappointing that they are showing no lead in this direction.
widows son
Well-Known Member
General licence not for shooting deer out of season it is done under the new scheme of authorisation that is the only change the you will have to take heed to at this moment in time.
Oh the law is the law your right there that's why I keep up to date with the changes in it not coming on here 5 minutes before it changes and whine ,if you don't or are not interested in the LAW don't read it , I am so I got the information first hand and posted it for all to read ,but that wasn't what some required some need taken by the hand.
At the end of the day it is up to YOU to be full up to date with the countries laws, it won't wear in a court BUT no one told ME as they jail you for wildlife crime have a look at the law and penalties for that ,one of the very reasons I know and keep ahead of the law
Your college lecturer was correct read the whole document not just what you think appertains to you.
Fit and compliant get it sorted if you haven't already thats the next bit on the list , or youll not get any ove the above mentioned when you need them.
Basc Scotland know all about this, but we're in Scotland so we don't really matter the foundation of the country that's the UK stops at Manchester above that they don't care,BASC has like others turned into a money making organisation, every course they provide cost a fortune to the average person .In Scotland youve got to be a young shot to get anything it's all they seem to cater for .
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